INSTRUCTIONS FOR FILING A CONDOMINIUM / COOPERATIVE COMPLAINT

Transcription

1 INSTRUCTIONS FOR FILING A CONDOMINIUM / COOPERATIVE COMPLAINT Submitting your complaint on a Condominium / Cooperative Complaint form legibly printed or typed all of the information you supply on the form may expedite the processing of your complaint. Please attach any copies of documentation you have that may support your complaint. Such documentation may include: condominium documents, minutes of meetings, budgets, financial reports or statements, canceled checks, and statements from other unit owners corroborating one or more of your allegations. Any documentation you submit with the complaint will become part of the division s file. Please make sure you sign the complaint form in the space provided. If you wish, you can attach the signatures of other persons who may wish to join in on your complaint, to assist in expediting the investigation of your complaint. Please understand that the complaint and any documentation that you attach are a matter of public record. Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file. The division cannot protect the anonymity of your identity. The division can investigate only alleged violations of the provisions in Chapter 718, Florida Statutes, and Chapters 61B-15 through 61B-24, Florida Administrative Code, pertaining to condominiums, and Chapter 719, Florida Statutes, along with Chapters 61B-75 through 61B-79, Florida Administrative Code, pertaining to cooperatives. As a result, the division does NOT generally investigate issues involving: Maintenance of the common elements or common areas, Alterations or additions to the common elements or common areas, Violations of the condominium (or cooperative) documents. The division does NOT investigate issues involving: Contractual disputes; Criminal matters; Discrimination pertaining to age, race, special needs, et cetera; and Internal disputes (for example, most issues involving noise, pets, and parking). PLEASE COMPLETE THE COMPLAINT FORM AS FOLLOWS: Enter your name, mailing address, and telephone number(s). Indicate with a check mark whether your complaint is against the developer of your condominium or cooperative, or against your association. Enter the name of that party, followed by the name of the developer s principal officer or the association s president, as applicable, followed by that party s address and telephone number, if known. State whether you have notified the party against whom the complaint is filed of the issue(s) involved. If so, state how you provided such notification.

2 Identify the date that the declaration of condominium was recorded in the public records of the county in which the condominium is located, if known. In the case of a cooperative, identify the date the association was incorporated. Insert unknown if you do not know this date. Check in the appropriate space to indicate whether the purchaser unit owners have elected at least a majority of the members of the board of administration (i.e., whether the developer has turned over control of the association). If you have retained an attorney regarding this complaint, please indicate whether it is permissible for the division to contact your attorney. If so, please provide the attorney s name, address, and telephone number. If you and/or your attorney have filed a lawsuit pertaining to the issue(s) in this complaint, please so indicate and attach copies of the complaint to the court and any other pertinent documents (e.g., pleadings, orders, et cetera). Additionally, please indicate whether a petition for a Declaratory Statement and/or Mandatory Non-binding Arbitration has been filed with the division regarding your allegations. Your response will assist the division in resolving your complaint. Please include a short and plain statement of each issue you wish the division to review. EXAMPLE: The association has refused to allow me to inspect the minutes of the board meeting held on October 26, Upon submission, this form and all information contained herein, fall within the provisions of Chapter 119, Florida Statutes, Florida's Public Record Law. Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file. This form should be signed and submitted to: Division of Florida Condominiums, Timeshares and Mobile Homes 2601 Blair Stone Road, Tallahassee, Florida

3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES CONDOMINIUM / COOPERATIVE COMPLAINT INSTRUCTIONS: To expedite your complaint it is helpful if this form is typewritten or legibly printed and each question answered fully. If available, attach supporting or clarifying documents and items pertaining to the issues listed in this complaint. Name Mailing Address Unit No. City County State Zip Home telephone number ( ) Business telephone number ( ) address Complaint filed against: DEVELOPER ASSOCIATION Name If Developer list principal officer If Association list President Mailing address City County State Zip Business telephone number ( ) Has the above been notified of the issues in this complaint? YES NO If yes, what was the method of notification? Date declaration of condominium was recorded in public records: / / County If a cooperative, date articles of incorporation were filed with the Secretary of State: / / Have purchaser unit owners elected a majority of the members to the Board of Administration? YES NO

4 If you have retained legal counsel regarding the issues listed in this complaint, do you want the division to contact your attorney? YES NO If yes, please provide the following information: Name of Counsel Mailing Address City County State Zip Business Telephone Number ( ) a) Has court action been filed regarding any of the allegations in this complaint? YES NO If yes, attach a copy of each complaint filed in court and any subsequent court pleadings. b) Has a petition for a Declaratory Statement been filed with the division regarding any of the allegations in this complaint? YES NO c) Has a petition for Mandatory Nonbinding Arbitration been filed with the division regarding and of the allegations in this complaint? YES NO List each issue. If possible, specify the provisions in the condominium act, or the cooperative act if applicable, which you allege have been violated. Attach additional pages, as needed.

5 I hereby request the Division of Florida Condominiums, Timeshares and Mobile Homes to review the violation(s) herein alleged. I understand that the division may take action on this complaint pursuant to the provisions of Section , or as applicable Section , Florida Statutes. I further understand that the division does not represent me or my private interests, and that any action taken by the division will be on behalf of the State of Florida. My signature below certifies the authenticity of this complaint. Signature of Complainant Name of Condominium / Cooperative Date Name of Association